Alabama Lemon Laws
The owner of a defective new vehicle can be entitled to a replacement vehicle or a full refund under the Alabama lemon laws. Strict conditions, limits and procedures are imposed by the law, however, so careful adherence and record-keeping is essential. Manufacturers are not liable for problems with a vehicle that result from modification or repair that is not performed by an authorized person or facility, or are caused by neglect or abuse. But, if proper notice of a nonconforming condition is given to the manufacturer in the appropriate time, and they are not able to fix it in a reasonable period, the lemon law protects the consumer.
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Identification
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The Alabama lemon laws can be found in Title 8, Chapter 20A of the code of Alabama. The law consists of six sections, which provide definitions, describe the obligations of the manufacturer, and establishe causes of action against the manufacturer. The law also addresses the resale of vehicles returned to the manufacturer under the lemon law provisions and protects retailers from liability.
Significance
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In Alabama, a vehicle is a lemon if it fails to conform to the manufacturer's express warranty after at least three repair attempts by the manufacturer. A vehicle is also a lemon if it is in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more. However, only repair attempts made during the first 24 months or 24,000 miles (whichever occurs first) count towards this definition, and only if the manufacturer was first notified in writing of the condition during the first year or 12,000 miles (whichever occurs first) since the initial purchase.
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Types
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The lemon law in Alabama only applies to new motor vehicles. For purposes of the statute, though, motor vehicle is defined to include any self-propelled vehicle primarily designed for use on public highways, and which has a manufacturer's gross vehicle weight rating (GVWR) less than 10,000 pounds. Motor homes are not covered by the Alabama lemon laws. The Lemon Law rights period during which the owner of a covered vehicle is protected is the first year or 12,000 miles.
Function
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Under section 2 of the Alabama lemon law (8-20A-2), the owner of a motor vehicle must deliver by certified U.S. mail written notice to the manufacturer during the Lemon Law right period in order to preserve their rights under the law. Such notice must describe the vehicle, the nonconforming condition, and all attempts made to repair the condition, including the name of the person or business that made such an attempt, and the time when it was made. This notice obligates the manufacturer to make repairs to conform the vehicle to its warranty, even if the period of repairs extends beyond the Lemon Law rights period. The manufacturer has seven days from receipt of the notice to inform the consumer of an authorized, reasonably accessible repair facility.
Benefits
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Manufacturers have the right, under section 3 (8-20A-3), to institute an informal dispute resolution process, and all possible remedies must be exhausted under this process before a legal claim against the manufacturer can be filed. If their claim is ultimately successful, the owner is entitled to a replacement vehicle or a full refund of the full contract price of the vehicle, all collateral charges including licenses, taxes, and registration fees, all finance charges incurred after the initial notice of the nonconformity, and any other incidental damages such as the cost of alternative transportation.
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References
Resources
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